AN international organisation has condemned Bermuda for a "wishy-washy approach to human rights.The allegation was made by the the International Gay and Lesbian Human Rights Commission (IGLHRC), which claims Government is being "disingenuous" in declaring it believes it is unlawful under current legislation to discriminate on the grounds of sexual orientation.

The row erupted last year after politicians from both parties failed to back a move by Government backbencher Renee Webb to amend the Human Rights Act to include sexual orientation as one of the categories under which it is illegal to discriminate. Currently the law specifies race, sex, marital status, disability, religion, a criminal record and the possibility of becoming pregnant as unlawful grounds to discriminate. Sexual orientation is not included.

Last summer then-Premier Alex Scott defended the decision not to support Ms Webb's bill, saying there was no need for an amendment as everyone was covered under current legislation. Finance Minister Paula Cox later endorsed that view, claiming that no change was necessary because homosexuals are not discriminated against.

Premier Ewart Brown made a similar defence following his election to the leadership in October.

And last week Government confirmed its position. Press secretary Scott Simmons said: "This Government has not changed its position on this matter. This Government believes it is already unlawful to discriminate on this basis.

"Should the need arise, in the future, to consider amending the law, this Government will confront the issue on merit."

But the New York-based IGLHRC has accused Government of failing to stand up for the rights of all members of society.

IGLHRC executive director Paula Ettelbrick said Government was sitting on the fence in an effort not to offend supporters and that the island could find itself under international pressure to make its position clear on the issue.

"This is totally disingenuous — it's a very wishy-washy response," Ms Ettelbrick said.

"Clearly if something is not included then it is excluded and the law clearly does not include sexual orientation as one of the grounds on which it is illegal to discriminate.

"If the Government really does believe that it should be unlawful, how does it plan to promote this? It seems the Government doesn't want to be seen to be turning a blind eye to discrimination but at the same time doesn't want to offend its political support base and the church by supporting any amendment.

"But really it's got to be one or the other. If Government really believes that discrimination on the grounds of sexual orientation is illegal then they should issue a statement saying so.

"Things are shifting and I think Bermuda is not only going to have to account for itself domestically but also to international pressure.

"I suppose it's ironic that the church creates a level of hostility and then wants to deny Government from doing anything about it. It is the church that creates the environment in which discrimination can take place.

"It's hard to believe that that is true. But If there was any uncertainty then they could at least carry out a study into the question. It's the laziest response to say that there's no problem in the first place — it's almost a double insult. At least with outwardly homophobic people you know where they stand.

"I don't think there's a cookie cutter answer but traditionally the best way is for people to rally behind the MPs who are willing to stand up and demand change. Government responds to wherever the political pressure is."

The Mid-Ocean News made several telephone calls and sent numerous e-mails to new Attorney General Philip Perinchief in the past three weeks, asking for an explanation of the current law. A similar number of e-mails and telephone calls was earlier made to former Attorney General Larry Mussenden. We also asked Mr. Simmons for a more detailed explanation of how the Progressive Labour Party interprets the current legislation. No response from any of the three gentlemen was received by press time last night.